Some deaths are sudden, unexpected and entirely avoidable. When someone dies because of another person’s poor decision, families are often left searching for answers.
In Georgia, the law allows certain relatives to pursue justice. A wrongful death claim aims to hold the responsible party accountable and recognize the value of the lost life. Below are some key components of wrongful death laws in Georgia.
What makes a death wrongful?
A wrongful death occurs when a person is killed because of someone else’s negligence or misconduct. This can happen in many ways. One of the most common examples is a deadly car accident caused by a drunk or distracted driver. Others include medical mistakes, unsafe property conditions or dangerous products.
To be considered wrongful under Georgia law, the death must have been caused by an act that would have permitted the victim to file an injury claim if they had survived. This includes both negligent behavior and deliberate harm.
Who can file a wrongful death claim?
Georgia law restricts who can bring a wrongful death claim. The order of priority usually starts with the surviving spouse. If there is no spouse, the right passes to the deceased person’s children. If there are no children, the parents of the deceased may file the claim. In some cases, a personal representative of the estate may also bring a claim for the benefit of surviving family members.
What damages can be claimed?
Georgia recognizes two types of wrongful death claims. The first covers the full value of the person’s life, including lost wages and benefits. The second is brought by the estate to recover expenses like medical costs, funeral bills and pain and suffering the person experienced before death.
Understanding when a wrongful death claim can be filed helps ensure that the legal rights of surviving family members are protected. Each case depends on the specific facts surrounding the death. When filing a claim, you should have legal guidance behind you.